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(영문) 서울남부지방법원 2014.01.17 2013노1834
공무집행방해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The defendant does not have any misunderstanding of facts as stated in the facts constituting the crime in the judgment of the court below.

B. The sentence imposed by the court below on the grounds of unreasonable sentencing (the fine of 1.2 million won) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the court below regarding the assertion of mistake of facts, the defendant can sufficiently prove the fact that he assaulted police officers E and obstructed his performance of duties, as stated in the facts constituting a crime in the judgment below. Thus, the above argument by the defendant is without merit.

B. Although it is deemed that the Defendant’s economic situation is difficult to determine the allegation of unfair sentencing, and the depth reflects the Defendant’s depth, the lower court has already determined the penalty by reducing the amount of fine issued by the summary order in consideration of such circumstances, and there are no changes in circumstances that may be considered in the sentencing after the lower judgment, and in full view of the circumstances, including the background, means and methods of the instant crime, the circumstances after the instant crime, and the Defendant’s age and happiness environment, and other various circumstances, which are the conditions for sentencing as prescribed in Article 51 of the Criminal Act as expressed in the records and arguments

3. In conclusion, the defendant's appeal of this case is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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